This case is a reference to the court of a question relating to interpretation and enforcement of Article 18(2) of the 1992 Constitution by the Magistrate of the District Court "A" Sunyani pursuant to Article 130(2) of the Constitution. It is provided by Article 130(1) and (2) of the Constitution as follows;
"(1) Subject to the jurisdiction of the High Court in the enforcement of the Fundamental Human Rights and Freedoms as provided in article 33 of this Constitution, the Supreme Court shall have exclusive original jurisdiction in -
(a) all matters relating to the enforcement or interpretation of this Constitution; and
(b) all matters arising as to whether an enactment was made in excess of the powers conferred on Parliament or any other authority or person by law or under this Constitution.
(2) Where an issue that relates to a matter or question referred to in clause (1) of this article arises in any proceedings in a court other than the Supreme Court, that court sh…